Contents of issue # 5/2021

■ STATE AND LAW IN THE MODERN WORLD: PROBLEMS OF THEORY AND HISTORY

Dynamics of the Legal Tradition in the Fourth Industrial Revolution

Dmitry A. Pashentsev

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, theory@izak.ru, https://orcid.org/0000-0002-6789-9175

Abstract. New modern technologies are comparable to the next industrial revolution in terms of their combined impact on the development of society. The article analyzes the influence of the fourth industrial revolution — driven by new technologies — on the legal sphere of society. It shows how social transformations affect the legal tradition and its dynamics.
As a research methodology, along with classical general scientific methods and traditional methods of legal science, constructivism is used, which allows us to identify the features of the mechanism of constructing legal reality in modern conditions. Constructivism is complemented by anthropocentrism, which considers the person as the center of the legal system and thus allows us to focus on the value characteristics of the legal tradition transmitted through the social relay.
According to the results of the study, it is concluded that the contradiction between the legal tradition and the fourth industrial revolution can be turned from destructive to dialectical if efforts are made to preserve the value core of the national legal tradition, which is subject to the destruction of global universalism.

Keywords: legal tradition, industrial revolution, legal values, globalization, legal reality

For citation. Pashentsev D. A. Dynamics of the Legal Tradition in the Fourth Industrial Revolution. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 5—15. (In Russ.) DOI: 10.12737/ jrl.2021.056

Legal Theorists and Legal Thought in the Russian Emigration in the 1920s and 1930s

Dinar R. Zaynutdinov

Kazan Innovative University named after V. G. Timiryasov, Kazan, Russia, knight_1988@mail.ru, https://orcid.org/0000-0003-0836-8769

Abstract. The paper considers the development of Russian legal thought in emigrant research and educational centers in 1920—1930. It gives a description of individual lawyers and lawyersparticipants in the activities of Anti-Bolshevik state entities and summarizes their contribution to the world legal science.
The purpose of the study is to identify the dynamics of legal thought in the environment of the Russian emigration.
In this research the author uses general scientific methods, such as systematization, generalization and analysis. The chronological method is used to determine the sequence of formation of emigrant research and educational centers in Harbin, Prague, Paris and Harbin. The historical and legal method is used as the main private law method, which allows studying the stages of development of Russian legal thought in the centers where migrants concentrated. The method of comparative law is used to identify the specifics of the legal views of Russian legal theorists and lawyers, as well as to correlate them with the trend in the evolution of legal thought in the world.
The teaching staff of the scientific and educational centers of emigration has given tremendous momentum to the process of development of legal science in Europe, America, and Asia. In particular, the scientific research of Russian legal theorists makes a certain contribution to the formation of a new legal model of the Republic of China. The scientific activities of Russian emigrant-lawyers contribute to the birth and transformation of many ideas, theories and branches of law. The final result of this study is the conclusion that the development of Russian legal thought abroad plays an important role in the accumulation of global values of law and democracy.

Keywords: legal thought, liberal democracy, conservative liberalism, emigration, law schools, higher education institutions

For citation. Zaynutdinov D. R. Legal Theorists and Legal Thought in the Russian Emigration in the 1920s and 1930s. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 16—27. (In Russ.) DOI: 10.12737/jrl.2021.057

■ CONSTITUTIONAL AND MUNICIPAL LAW

Constitutional Values in Constitutions and Charters of Constituent Entities of the Russian Federation

Vyacheslav B. Evdokimov, Artur N. Mochalov

V. B. Evdokimov1, A. N. Mochalov2
1Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, vevdokimov@list.ru, https://orcid.org/0000-0002-7420-4124
2Ural State Law University, Yekaterinburg, Russia, artur.mochalov@usla.ru, https://orcid.org/0000-0003-2502-559X

Abstract. Traditionally, scholars investigate the values of the Russian constitutionalism in the context of the Constitution of the Russian Federation as a sovereign nation. The values of sub-national fundamental laws remain out of interest. The authors believe that in a federal state constitutional values exist not only on a federal but also on a sub-federal level. The value framework provided by the federal Constitution binds all sub-national entities in an equal manner. At the same time, these entities have a possibility to detail national constitutional values as well as universal humanist values emphasizing the most relevant specific components. Furthermore, the authors state that each sub-national entity has constitutional identity. That means the right of an entity to entrench into a regional basic law the provisions containing values of regional level. Such values are not directly provided by the federal Constitution but they have importance for self-identification of the sub-federal unit with due regard to its geographical, historical, economical, ethnic or cultural specifics. The regional constitutional values cannot contradict to the values stipulated by the federal Constitution. In the authors’ opinion, the concept of constitutional values is applicable both for republics’ constitutions within the Russian Federation and charters of other constituent entities because both constitutions and charters are acts of constitutional importance.
The authors analyze the provisions of constitutions and charters of the Russian sub-federal entities containing constitutional values on the base of comparative-law methodology.
It is concluded that constitutional values contained in the federal Constitution and in the constitutional acts together build a single constitutional-value space of the Russian state. In case of collision between the values of different levels a priority would belong to a value, which has an importance for the Russian people as a whole.

Keywords: constitutional values, constitutional axiology, federalism, subjects of the Russian Federation, constitutional identity, constitution of a republic, charter of a subject of the Federation

For citation. Evdokimov V. B., Mochalov A. N. Constitutional Values in Constitutions and Charters of Constituent Entities of the Russian Federation. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 28—42. (In Russ.) DOI: 10.12737/jrl.2021.058

The President of the Russian Federation and the Government of the Russian Federation: New Facets of Relationships

Ruslan M. Dzidzoev

Kuban State University, Krasnodar, Russia, drm@law.kubsu.ru, https://orcid.org/0000-0002-5229-4413

Abstract. The latest constitutional reform In Russia has made significant changes in the Constitution regarding the organization of public power. It includes the relationship between the President and the Government and shows how the Russian Government’s form is modified. The aim of the study is a comprehensive analysis of the relation of the head of state and Government as the leading government institutions in the comparison of initial and recent constitutional revision. The research objectives include: determining the degree of legal independence of the Russian Government from the head of state, determining the place of the President and the Government in the executive power system, evaluating the new mechanism for forming the government of the Russian Federation, determining the form of state government In Russia in accordance with the new constitutional version. The research methodology includes both General scientific research methods and private scientific ones: formal-legal, comparative-legal, systemic, which combination allows the author to show new facets of the relationship between the Russian President and the Russian Government in light of constitutional reforms.
The study allows us to formulate a conclusion about changes in the form of state government In Russia, the transition of Russia from semi-presidential (mixed) to presidential government based on the dominant position of the head of state in the Executive power system, including at the same time some elements of parliamentarism.

Keywords: President of the Russian Federation, Government of the Russian Federation, Constitution of the Russian Federation, constitutional reform, executive power, form of government

For citation. Dzidzoev R. M. The President of the Russian Federation and the Government of the Russian Federation: New Facets of Relationships. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 43—54. (In Russ.) DOI: 10.12737/jrl.2021.059

■ CRIMINAL LAW AND CRIMINOLOGY

Forced Works as a Type of “Out-of-System” Criminal Punishment

Valery F. Lapshin

Yugra State University, Khanty-Mansiysk, Russia, kapitan-44@yandex.ru, https://orcid.org/0000-0001-8549-6305

Abstract. Modern Russian criminal policy is aimed at humanizing criminal legislation, which is ensured, among other things, by the introduction of new types of criminal punishments that do not imply isolation of the convicted person from society. One of these punishments is forced labor. The use of its social importance is confirmed in official statements made by representatives of the highest bodies of state power. However, at present this type of criminal punishment is not widespread, and in the activities of the courts there are cases of erroneous interpretation and incorrect application of the norms on forced labor.
The aim of the work is to formulate proposals for ensuring the proper differentiation of punishment that meets the social needs of the humanization of criminal legislation. To achieve the stated goal, it is necessary to consider the provisions of the criminal law on the specifics of the appointment of forced labor, to study court decisions in violation of the legislation on forced labor, to analyze the explanations of the Plenum of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation on the essence and characteristics of the appointment of criminal punishment in the form of forced labor.
The study is carried out with the complex application of general and specific methods of cognition, traditionally used in legal science, namely: dialectical, comparative legal and formal logical methods, content analysis, synthesis, etc.
Based on the results, the conclusion formulates that it is wrong to include such a measure of state coercion as forced labor into the system of criminal punishments. The criminal law regulations governing the content of this punishment are characterized by low quality of legislative techniques, and its practical application does not solve the problem of humanizing criminal legislation. It also formulates a proposal to conduct a deeper differentiation of the conditions for the execution of a criminal punishment in the form of imprisonment, which mitigates the legal impact on the convicted person without applying other punishments.

Keywords: humanization of criminal legislation, legislative technique, alternative types of criminal punishment, forced labor, differentiation of criminal punishment, execution of sentences

For citation. Lapshin V. F. Forced Works as a Type of “Out-of-System” Criminal Punishment. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 55—67. (In Russ.) DOI: 10.12737/jrl.2021.060

Dematerialization the Object of Stealing and Classification Issues of Crimes on Virtual Property

Vadim V. Khilyuta

Yanka Kupala State University of Grodno, Grodno, Belarus, tajna@tut.by

Abstract. The article considers the problem of dematerialization of the object of stealing in modern criminal law. The development vectors of the institution of theft — in the era when digital society is forming — are determined. The author, on the example of criminal encroachments on virtual objects (game property), analyses in detail the modern trends in the science of criminal law and law enforcement practice in the issue of attributing intangible goods to the object of theft, justifies the reasons for such a transformation and possible consequences.
The aim of the study is to identify scenarios for the development of criminal liability for crimes against property and prospects for the functioning of criminal law, taking into account the transformation of property relations, the change of scientific paradigms and the formation of a new digital age. Research tasks: based on criminal encroachments on virtual objects (game property) to show the causes of the crisis of the institution of crimes against property and the possible risks of unlimited expansion of the object of stealing in criminal law.
During the study traditional methods of socio-legal and formal-dogmatic analyses are used: documentary, comparative-legal, analytical, systemic, logical methods.
According to the results of the study, it is proposed to take intangible (non-celestial) benefits beyond the object of stealing. The analysis of qualification tasks and all kinds of options for qualifying criminal attacks on bodily and non-bodily goods lead the author to the idea that the preservation of the concept of theft is possible solely for crimes against property that would be designed to protect the static of economic relations (theft — offence against propriety). At the same time, it is concluded that a new group of crimes (crimes against the circulation of objects of civil rights) should be identified, which would cover illegal acts against property and compulsory relations in the complex.

Keywords: theft, property crimes, virtual property, game property, object of stealing, property rights, crimes against property, intangible thing

For citation. Khilyuta V. V. Dematerialization the Object of Stealing and Classification Issues of Crimes on Virtual Property. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 68—82. (In Russ.) DOI: 10.12737/jrl.2021.061

■ ADMINISTRATIVE AND FINANCIAL LAW

Factors of Reducing the Educational Function of Administrative Punishment

Nikolay N. Deryuga, Artem N. Deryuga

N. N. Deryuga1, 3, A. N. Deryuga1, 2
1Far Eastern Branch, Russian State University of Justice, Khabarovsk, Russia
2Far Eastern Law Institute, Ministry of Internal Affairs of the Russian Federation, Khabarovsk, Russia, derjuga@mail.ru, https://orcid.org/0000-0001-8649-2971
3nderjuga@mail.ru

Abstract. Administrative punishment serves the purpose of preventing the commission of new offenses. However, according to official statistics, tens of millions of cases of administrative fines and other types of punishments do not lead to a decrease in administrative tort. Moreover, despite the reduction in the number of law enforcement officers, the number of detected administrative offenses is growing.
The aim of the study is a critical analysis of changes and additions to the legislation on administrative offenses of the Russian Federation concerning the forms and content of legal conditions for bringing to administrative responsibility. The reasons and conditions of such changes are established, an attempt is made to draw the attention of the scientific community to the negative trends in the development of administrative-tort legislation and the likely result to which it can lead. Objectives of the study is the analysis of the norms of administrative-tort legislation of the Russian Federation, which sets rules of administrative responsibility, identifying problems in the law regulating surrogacy law.
The methodological basis of the research is the following: methods of dialectics as a general scientific method of cognition, as well as private scientific methods: comparative legal, technical-legal, formallogical in their various combinations.
The result of this study, it is concluded that the changes and additions in the law related to the simplification of manufacture on Affairs about administrative offences, solve bureaucratic tasks, convenient for law enforcement, but do not contribute to improving public policy to reduce the number of committed administrative offences. It is necessary to directly fix the educational function of administrative punishment in the law, in the process of which the visual and verbal connection of the law enforcement officer and the offender will be preserved when it is appointed.

Keywords: administrative penology, administrative offence, administrative responsibility, administrative penalties, administrative delictology, the function of administrative punishment

For citation. Deryuga N. N., Deryuga A. N. Factors of Reducing the Educational Function of Administrative Punishment. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 83—91. (In Russ.) DOI: 10.12737/jrl.2021.062

Tax and Legal Measures to Support Families

Oxana O. Zhuravleva

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, ozhura@gmail.com, https://orcid.org/0000-0002-4211-0529

Abstract. The pandemic and the resulting social and economic constraints have exacerbated the contradictions in society. The gap between rich and poor has widened, and demographic imbalances have increased. All this required the public authorities not only to adjust the existing measures to support socially vulnerable segments of the population, including measures in the tax sphere, but also to adopt new ones. The development of the latter involves the revision of existing measures. The article discusses tax and legal measures to support families at the federal, regional and local levels.
The purpose of the study is to analyze Russian tax and legal measures to support families. To do this, the following tasks were solved: 1) to reveal the essence of the category of tax and legal measures to support families; 2) to determine the circle of persons to whom the regulatory impact is addressed; 3) to identify the advantages and disadvantages of the approaches implemented at three levels, due to the specifics of the legal structures used; 4) to establish the degree of internal consistency of the relevant regulatory array.
Using general scientific methods and the method of comparative legal analysis of federal and regional legislation and regulatory legal acts adopted by representative local self-government bodies, the main features of tax and legal measures to support families are identified. The latter are defined as measures provided in the legislation on taxes and fees aimed at the formation and preservation of the family as a social entity by creating advantages in the distribution of the tax burden for its members and taxpayers, creating favorable social conditions for the family in various spheres of public life.
Based on the personal principle of taxation of income and property of individuals, at the federal level, tax and legal measures to support families are carried out mainly by providing benefits to its members. At the regional and local levels, there are deviations from this principle, which creates uncertainty. Shortcomings in the legal structure of benefits can manifest themselves in the process of implementing the rights to benefits and prevent the creation of services for their administration. For the purpose of prevention, regular monitoring of regional and municipal blocks of legislation on taxes and fees is recommended.

Keywords: the principle of equality, the principle of justice, tax and legal measures to support families, the principle of personal taxation of property and income of individuals, family taxation, legal certainty, the level of consumption, digital services

For citation. Zhuravleva O.O.Tax and Legal Measures to Support Families. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 92—105. (In Russ.) DOI: 10.12737/jrl.2021.063

■ LABOR LAW AND SOCIAL SECURITY LAW

Children as a Priority of State Regulation of Social Security

Elena G. Azarova

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, labour@izak.ru

Abstract. The Address of the President of the Russian Federation to the Federal Assembly of January 15, 2020 referred to the low incomes of a significant part of families with children as an acute problem that poses a direct threat to the demographic future of the country. A large role in solving this problem belongs to the legislation on social security of children. The impetus for its development is the constitutional novel about children as the most important priority of state policy and about the creation by the state of conditions conducive to their comprehensive development. This determined the topic of the study. The author analyzes the financial situation of Russian children in comparison with the adult population, the economic literature on this problem, the proposal made in the law of social security for the theoretical development of a new social contract that meets the modern challenges of the world economy and the labor market, necessary for the adoption of adequate social protection measures.
The purpose of the article is to substantiate the importance of the maximum possible consideration in the legislation on social security of children of the constitutional provisions, in particular, that social security by age is guaranteed to every person. Children are no less entitled to such guarantees than the elderly.
The norms of family and labor legislation, which impose on the family the obligation to support minor children, and on the employer-to pay wages that ensure a decent existence for the employee and his family, in many cases do not work or do not solve the problem of material security of children. Taking into account the idea discussed In Russia on introducing a minimum guaranteed income as an inviolable amount paid by the state to every person, regardless of their social and economic status, the author concludes that it is possible and necessary to implement this idea as a priority for minors in the form of an unconditional basic benefit.

Keywords: children priority, constitutional guarantees, social security, demographic situation, poverty, maintenance of children by parents, parental income, unconditional basic allowance

For citation. Azarova E. G. Children as a Priority of State Regulation of Social Security. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 106—119. (In Russ.) DOI: 10.12737/jrl.2021.064

Legal Problems and Prospects for the Development of the Family Form of Education

Olga I. Seliverstova

Federal Centre for Educational Legislation, Moscow, Russia, o-selivertsova@yandex.ru, https://orcid.org/0000-0001-7990-2477

Abstract. The article considers the development of legislation regulating education in the family. The current regulatory legal acts of the federal level do not ensure the full realization of the rights of students when receiving education in the form of family education. At the federal level, there are a number of bylaws that refer to education in the form of family education; however, it is only a question of duplicating the wording of Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation”. Regional legislation, in turn, is characterized by inconsistency and gaps. 
The aim of the work is to analyze the current Russian legislation regulating relations on teaching children in the form of family education, in order to identify law-making and law enforcement problems, ways to solve them, as well as prospects for the development of family education in the Russian Federation.
The methods used are the developments of modern legal science in the field of special legal research of the problems of the effectiveness of legal norms, with features characteristic of the analysis of the law enforcement process in the field of education.
The quality of law-making and the effectiveness of the enforcement of normative legal acts in the field of family education are evaluated. The analysis results show that the federal legislation on education does not provide for the mechanism of realization of the right to education in the family form. Due to the specifics of legal regulation, the regulation of family education issues has been shifted from the federal to the regional and local levels. Regional legislation is characterized by fragmentation and incompleteness, the presence of a large number of outdated norms. Thus, it seems necessary to adopt a regulatory legal act that would develop and supplement the provisions of the Law on Education at the federal level, and serve as a reference point for law-making at the regional and local levels.

Keywords: family education, combination of forms of education, interim certification schedule, education outside forms engaged in educational activities

For citation. Seliverstova O. I. Legal Problems and Prospects for the Development of the Family Form of Education. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 120—131. (In Russ.) DOI: 10.12737/jrl.2021.065

■ LAND LAW AND ENVIRONMENTAL LAW

Genesis of the Rights and Obligations of Citizens to Use of Forests for Own Needs

Julia I. Shupletsova

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, ecology10@izak.ru, https://orcid.org/0000-0001-9099-8262

Abstract. The presented article is the result of the research undertaken by the author on the issues of the history of the development of legislative regulation of the rights and obligations of citizens in the field of protection and use of forests. Forests are one of the main types of natural resources In Russia and the world, and despite the fact that they are a renewable natural resource; their preservation in the process of use is one of the most important directions in the development of forestry legislation.
The main object of the research is the legal norms that formed the basis of legal regulation of forest relations. The author analyzed the norms of laws and other regulatory legal acts in order to identify the main trends in the development of forest legislation at various historical stages, as well as gaps in the current forest legislation. The article shows the main stages in the development of legal regulation of the rights and obligations of citizens in the field of forest management from the 17th century to the present. As examples, the article examines the legislation of foreign countries, which regulates the issues of forest use of citizens.
In the course of writing the article, the main methods of scientific knowledge were used: comparative legal, comparative historical, methods of description and interpretation, theoretical methods of formal and dialectical logic, as well as private scientific methods: legal-dogmatic and the method of interpreting legal norms.
The article concludes that when addressing the issues of reforming modern forestry legislation, it is first necessary to deeply study the history of its development. The article also notes that a change in approaches to the regulation of forest use, from property to environmental, had a great influence on the development of forestry legislation in terms of determining the rights and obligations of citizens. In particular, the author notes that the forest legislation of Russia, originally formed as legislation on a special type of valuable state property, gradually began to acquire the features of natural resource legislation, and in its current state is part of environmental legislation.

Keywords: forest, forestry, forest law, forest legislation, forest use, the right of general forest use, forest use of citizens

For citation. Shupletsova J. I. Genesis of the Rights and Obligations of Citizens to Use of Forests for Own Needs. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 132—145. (In Russ.) DOI: 10.12737/jrl.2021.066

■ SCIENTIFIC FUNDAMENTALS OF COUNTERING CORRUPTION

Protection of Persons Reporting Corruption in Organizations: Legal and Technological Aspects

Yuri V. Truntsevsky, Sergey N. Matulis

Yu. V. Truntsevsky1, 2, S. N. Matulis1, 3
1Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
2trunzev@yandex.ru, https://orcid.org/0000-0002-8425-2533
3antikor@izak.ru, https://orcid.org/0000-0003-0036-6945

Abstract. The development and implementation of modern anti-corruption strategies is based on the active involvement of society in the processes of non-acceptance and combating corruption as a prerequisite for achieving the expected results. Without the involvement of both public institutions and citizens in anti-corruption activities, the state’s efforts in this direction have a high risk of being ineffective, since they will not be able to qualitatively change the perception of corruption by the subjects of public relations. In this regard, the role of stimulating anti-corruption thinking and the corresponding proactive behavior of social actors is gradually increasing. Steps in this direction include the development of tools for the widespread use of reports of suspected misconduct.
The purpose of the study is to formulate approaches to the formation of legal and organizational tools aimed at providing both incentives for potential informants and their safety.
Research methods — dialectical, systematic, comparative-legal, normative.
Conclusion: reports on the facts of corruption can not only warn the relevant authorities about violations after the fact, their main potential, which requires their practical disclosure, lies in the preventive value of these measures, ensuring a reduction in the costs of corruption for the state, business and individuals. In practice, this is the most common way to expose fraud and corruption within organizations. While exposure is not in itself a solution to the problem of corruption, it is one of the tools that can improve governance and create an ethically and legally sound society and State.

Keywords: corruption, offense, organization, prevention, legislation

For citation. Truntsevsky Yu. V., Matulis S. N. Protection of Persons Reporting Corruption in Organizations: Legal and Technological Aspects. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 146—160. (In Russ.) DOI: 10.12737/jrl.2021.067

■ REVIEWS

Review of the Monograph “Development of Environmental Law in the Eurasian Space” by S. A. Bogoluybov (Мoscow, 2020. 432 p.)  Pdf 16

Natalya G. Zhavoronkova

Kutafin Moscow State Law University, Moscow, Russia, gavoron49@mail.ru

For citation. Zhavoronkova N. G. Review of the Monograph “Development of Environmental Law in the Eurasian Space” by S. A. Bogoluybov (Мoscow, 2020. 432 p.). Journal of Russian Law, 2021, vol. 25, no. 5, pp. 161—165. (In Russ.) DOI: 10.12737/jrl.2021.068

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